This Privacy Policy (this “Policy”) applies to personal information that is collected, maintained, used, or otherwise processed by TruckWise, LLC, a Georgia limited liability company on its website or through its mobile application (the “Platform”) when you access the Platform and the services provided through the Platform.
This Policy applies only to information we collect on or through the Platform. This Policy does not apply to information that we collect offline, or that you provide to, or is collected by, any third party, which may have their own privacy policies that we encourage you to read before providing your information on or through them (see “Third-Party Information Collection” below).
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. In using the Platform, you agree to be bound by this Policy. If you do not accept the terms of this Policy, you may not access or use the Platform and you should discontinue your use of it.
This Policy may change from time to time (see “Updates to Our Privacy Policy” below). Your continued use of the Platform after we revise this Policy means you accept those changes, so please check this Policy periodically for updates.
The Information We Collect and How We Collect It
Information that you provide to us. When you download, register with, access, or use any aspect of the Platform, we may ask you to provide information by which you may be personally identified, including, but not limited to, your name, postal address, email address, telephone number, social security number, and certain payment information (“personal information”).
Note that the purpose of the Platform is to connect Platform users looking to have goods transported (“shippers”) with Platform users looking to transport such goods (a “motor carrier”). Due to the nature of the transport of goods, Platform users must disclose personal information contained in certain required documents, such as bills of lading, tax forms, certificates of insurance, and other paperwork, to other Platform users. Further, if you are a motor carrier (or driver for a motor carrier) that uses the navigational features provided through third-party service providers made available through the Platform to receive directions while transporting goods, the Platform must use geolocation data from your mobile device.
When you provide such personal information or allow our automatic collection of such personal information (including, but not limited to geolocation data),
YOU CONSENT TO OUR DISCLOSURE OF SUCH INFORMATION TO OTHER PLATFORM USERS OR THIRD-PARTY SERVICE PROVIDERS.
When you are asked to provide personal information, you may decline. However, if you choose not to provide certain personal information, then you may not be able to use some of the features of the Platform or the core services offered through the Platform that are dependent on this information.
This information may be provided by you in the following ways:
• Filling in forms on the Platform. This includes information that you may provide when downloading, registering with, accessing, or using any aspect of the Platform, when requesting further services, and when reporting problems with the Platform.
• Contacting us. This includes information you may provide when you correspond with us, including, but not limited to, email addresses and phone numbers.
• Searching within the Platform. This includes information you may provide when you perform search queries on the Platform.
If you provide information for publication or display (“Posted”) on public areas of the Platform or websites you access through the Platform (collectively “User Contributions”), then your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information that we collect automatically. Like many websites, the Platform commonly uses information gathering tools, such as cookies and web beacons, to collect information as you navigate. The Platform automatically collects certain information, such as internet protocol (IP address), browser type, operating system, and other usage information, and stores that information in log files.
The technologies we use for automatic information collection may include:
• Cookies (browser or mobile cookies). A cookie is a small file placed on your computer’s hard drive or on your smartphone. If accessing the Platform through our mobile application, it may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. If accessing the Platform through a browser on your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select either of these settings you may be unable to access certain parts of the Platform. For information about managing your privacy and security settings for Cookies, see “Your Choices About Our Collection, Use, and Disclosure of Your Information” below.
• Flash Cookies. Certain features of the Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see “Your Choices About Our Collection, Use, and Disclosure of Your Information” below.
• Web Beacons. The Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Children Under the Age of 18
The Platform is not intended for children under eighteen (18) years of age. No one under the age of eighteen (18) may provide any personal information to or on the Platform. We do not knowingly collect personal information from children under eighteen (18) years of age. If you are under eighteen (18) years of age, do not use or provide any information on the Platform, through any of its features, register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of the Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under eighteen (18) years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under eighteen (18) years of age, please contact us at support@truckatlas.com.
Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your State Privacy Rights” below for more information.
How We Use the Information We Collect.
We use information that you provide to us, including any personal information, to:
• Provide you with the Platform and its contents, and any other information that you request from us.
• Fulfill any purpose for which you provide it.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when updates for the Platform are available, and of changes to any products or services we offer or provide through it.
• Develop and improve the Platform, products, and services.
• Provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• Respond to law enforcement requests, or as required by applicable law, court order, or governmental regulations.
• Receive communications from us if you agree to receive emails or other communications from us.
The information that we collect automatically helps us to improve the Platform and to deliver a better and more personalized experience by enabling us to:
• Analyze trends, administer the Platform, track your navigation around the Platform, and gather anonymous demographic information for the purpose of improving the Platform.
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Platform according to your individual interests and needs.
• Recognize you when you use the Platform.
Disclosure of Personal Information.
We may disclose aggregated information about our users, and information that does not identify any individual without restriction.
In addition, we may disclose information, that may include personal information:
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Platform’s users is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
Your Choices About Our Collection, Use, and Disclosure of Your Information
You have choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system, but if you choose to block or delete cookies, it may limit your use of certain features or functions on the Platform. To learn more about your ability to manage cookies and web beacons, please consult the privacy features in your browser.
This section describes mechanisms that we provide for you to control certain uses and disclosures of your information.
Tracking Technologies.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Regarding Flash Cookies, visit the Flash player settings page on Adobe’s website to learn how you can manage your Flash cookie settings. However, if you disable or refuse cookies or block the use of other tracking technologies, some parts of the Platform may then be inaccessible or not function properly.
Promotions by the Company.
Users may request to be removed from mailing lists at any time. To review or request corrections to your personal information collected by us, please contact us at support@truckatlas.com.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” below for more information.
Nevada residents who wish to exercise their sales opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by sending an email to the following email address, support@truckatlas.com.
Colorado, Connecticut, Virginia, and Utah each provide their residents with rights to:
• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their residents with rights to:
• Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
For residents of Colorado, Connecticut, Nevada, Virginia, and Utah to exercise the above rights, please contact us (i) by email (writing “Privacy Policy/Removal Request” in the subject line) at support@truckatlas.com, or (ii) by regular mail to TruckWise, LLC at P.O. Box 445, Estill, SC 29918 (each such contact a “Consumer Rights Request”).
For residents of Colorado, Connecticut, and Virginia, if we decline to take action on your Consumer Rights Request, you may appeal such refusal (i) by email (writing “Privacy Policy/Removal Request” in the subject line) at support@truckatlas.com, or (ii) by regular mail to TruckWise, LLC at P.O. Box 445, Estill, SC 29918 within a reasonable time period after we sent you our decision.
Third-Party Information Collection
Generally. When you use the Platform or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
• Advertisers, ad networks, and ad servers.
• Analytics companies. Please see additional information under the section “Our Use of Google Analytics”.
• Your mobile device manufacturer.
• Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Other Sites.
We are not responsible for the practices employed by websites linked to/from the Platform nor the information contained therein. Often links to other websites are provided solely as a way for the user to obtain information that may be useful to them. The third party’s privacy policy and/or that of its service provider will govern the use of this information, and we are not responsible for the privacy practices of such companies. To better protect your privacy, we encourage you to read these businesses’ privacy policies to learn about how they treat your information.
Social Media Sites.
You may share information from the Platform with people associated with your social media account and your social media account provider. By sharing this information, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media provider’s privacy policy. Please note that any information you post within these public forums or social media pages may become public and may be read, collected, and used by anyone. If you don’t want people to know your email address, for example, don’t include it in any message you post publicly. Please exercise caution when deciding whether to disclose your personal information in public posting areas. We are not responsible for the use by others of the information that you disclose in public posting areas.
Our Use of Google Analytics.
From time-to-time, we may use Google Analytics to collect limited information about your use of the Platform to help us improve how the Platform works. Google Analytics collects certain information, such as how often you use the Platform. Such information received from Google Analytics would be used to improve the Platform. For more information about Google Analytics and how it collects and processes data, please visit: https://policies.google.com/technologies/partner-sites?hl=en-US. Instructions on opting out of Google Analytics using a specific plug-in are available at the following link: https://tools.google.com/dlpage/gaoptout. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
Security Measures. We have taken certain precautions to protect the users of the Platform’s information. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.
Notwithstanding the above, no data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information transmitted to us, and you transmit such information at your own risk. You are responsible for keeping the information you provide confidential. You may not provide these credentials to any third party. We are not responsible if someone else accesses your account through information they have obtained from you or through a violation by you of this Policy or our TruckAtlas Platform Terms and Conditions of Use located at: https://truckatlas.com/terms-conditions. By using the Platform or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Platform.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the Platform and visiting your account profile page. You may also send us an email at support@truckatlas.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Platform.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” below for more information.
Do Not Track
The Platform does not respond to web browser “do not track” signals or other similar mechanisms.
Retention of Your Information
Our policy is to retain personal information only for as long as is necessary to fulfill the reason for which the personal information was collected and as necessary to process such personal information. In addition to the above, we will retain your personal information for the purposes of satisfying any professional, legal, accounting or reporting requirements to which we are subject. To determine the appropriate retention period for personal information, we consider the scope, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which we collected and processed your personal information and whether we can reasonably achieve those purposes through other means, as well as any applicable legal and professional requirements.
Children or Adolescents
The Platform is intended strictly for adult users. By agreeing to this policy through use of the site, the user is verifying that they are an adult aged 18 or older. We do not knowingly collect personal information from children under the age of 18. If we discover or are made aware that we have received personal information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 18, we will delete such information from our systems. If you are a parent or legal guardian of a child under the age of 18 and believe that your child has disclosed personal information to us, we welcome you contacting us as provided below so that we can address such matter.
From time to time there may be instances when we collect information through the Platform about children under the age of 18 but we will only do this when such information is provided to us by that child’s parent or legal guardian. In all cases where we’ve collected information about a child under the age of 18, the parent or legal guardian may contact us via email at support@truckatlas.com, or via regular mail to TruckWise, LLC at P.O. Box 445, Estill, SC 29918, to review and request deletion of such child's personal information as well as to prohibit the further use of such information by us.
California Minors. California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” below for more information.
Updates to Our Privacy Policy
We may update this Policy from time to time. We will notify you by posting the new Privacy Policy on this page, and we will update the “Last Updated” date at the top of this Policy. We will let you know via email and/or a prominent notice on our Services, in the event of a material change. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
Contacting Us
Questions or comments regarding this Policy should be submitted to us at support@truckatlas.com. If you would like to opt out of receiving any mail or email communications from us, please contact us at support@truckatlas.com .
Your California Privacy Rights
The following additional privacy notices for California residents (the “California Notice”) supplement the information contained in the other portions of this Policy and apply solely to individuals who reside in the State of California (“California consumer” or “you”). The Company adopts this California Notice to comply with the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and their related regulations (collectively the “California Privacy Law” or the “CPL”) and other applicable California laws.
Overview of Consumer Rights Under the CPL—California Consumers.
Under the CPL, California consumers have certain rights regarding their personal information, including:
• The right to know the categories of personal information that the Company has collected and the categories of sources from which we obtained such information.
• The right to know the Company’s business purposes for sharing personal information.
• The right to know the categories of third parties with whom the Company shared personal information.
• The right to know if we sold or disclosed your personal information for a business purpose, comprising two separate lists disclosing:
• any sales, which list identifies the personal information categories that each category of recipient purchased (note that at present we do not sell personal information that we collect); and
• any disclosures for a business purpose, which list identifies the personal information categories that each category of recipient obtained.
• The right to access the specific pieces of personal information that the Company has collected.
• The right to correct personal information that the Company has collected.
• The right to delete your personal information.
• The right to not be discriminated against if you exercise your rights under the CPL.
The provisions below of this California Notice provide further details about these and other rights and certain details about the exercise of such rights.
Information We Collect—California Consumers.
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer, household or device (collectively, “personal information”). Personal information does not include:
• Publicly available information from government records.
• De-identified or aggregated California consumer information.
• Information excluded from the CPL’s scope, including:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• Personal information covered by certain other laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We have collected the following categories of personal information from consumers within the last twelve (12) months:
Sources of Personal Information—California Consumers.
In addition to sources of personal information addressed elsewhere in this Policy, we obtain the categories of personal information listed above from the following categories of sources:
• Directly from You.
For example, from forms you complete or products and services you purchase or from communications with you such as when you contact the Company (whether in person, by mail, by phone, online, via electronic communication or by other means) including our customer support service.
• Indirectly from You.
For example, from observing your actions on the Platform or from products or services that you have purchased from the Company, if you have enabled such functionality, such as telemetry services.
• From Others.
• From third party service providers.
For example, if you choose to make an electronic payment directly to the Company, or through a linked website or mobile application, or through an affiliate of ours, the Company may receive personal information about you from third parties such as payment services providers, for the purposes of that payment.
• From affiliates.
We may collect personal information about you from our affiliates or others acting on their behalf.
• From Public Sources.
For example, we may collect information from public records.